the experts say the evidence supports zimmerman's story. is he right? we're breaking it down. and another "new day" exclusive. we saw that videotaped message from the three kidnapped cleveland women. now, we hear from their family. that's coming up. but we begin this morning with new developments about the men at the controls of the flight 214. the pilot was still on training on the boeing 777. had only logged about 35 hours in a plane. the instructor, the pilot in his first flight in that role. cnn's miguel marquez live at san francisco international airport. good morning, mig well. >> reporter: good morning, chris. we have a much better idea of how this investigation is going and what caused the crash. the bulk of the investigation beings done here on the ground. investigators saying it was the landing gear that hit that seawall first. essentially a few feet higher,

and they may have stuck that landing a few feet lower and a much more tragic story. three pilots were in the cockpit when it crashed in san francisco on saturday. >> oh, my god! >> reporter: the man in command of the asiana flight was experienced on the 747. like this kln flight landing on the very runway of the san francisco crash but this was his first time landing a 777 here. >> instructor pilot stated that they were slightly high when they passed 4,000 feet. >> reporter: the co-pilot very experienced flying a 777, but this was his first time as an instructor. on the aircraft. investigators say the autopilot was off. but the autothrottle, a device that regulates speed, was on and set to 137 knots. but seconds before the crash, the plane had slowed dangerously to 103 knots. >> we are now going to be looking at flight data recorder information. to validate parameters, things

like the autothrottles. >> reporter: but there is a speed indicator in the plane. and they would also have seen bright red and white lights like these on the simulation flight they're calls precision path indicators or poppy lights. if i see all red, it means i'm too low. if i see all white, it means i'm too high. >> at 200 feet, he noticed the four poppies were red. >> reporter: the impact so violent ntsb investigators say two flight attendants were ejected from the plane after the tail section broke off. >> i believe we ended up finding what we believe were four people in the back in the rubble. >> reporter: today for passengers arriving in san francisco, an eerie sight, that burned out wreckage of flight 214, a sobering reminder of how close so many came to death. and we now know that no blood was taken from the pilots in the hours after this crash. u.s. investigators saying that they have no jurisdiction over foreign crews.

kate. >> all right. miguel marquez. it's a very big question, one we want to talk more about with mary s ma mary schiavo. mary, we've been talking about the new developments we've been learning from the ntsb press conferences. what do you think about the latest detail? we learned about what was going on in the cockpit. "newsroom" super bowl saying in interviews with pilots, that the pilots had said they set the autopilot which is essentially cruise control on a flight, at the correct speed, but clearly something went wrong, what does this new detail tell you? >> well, this is important new detail. and one which will be resolved without a doubt by this wonderful black box flight data recorder with 1400 pieces of data that it records. now, only one of the pilots, i believe, mentioned that he had problems with the autothrottle.

i think he said it wasn't responsive. the instructor who apparently is in command of the flight didn't say that. the trainee said something about that. so there's a discrepancy here. maybe there's a problem with the autothrottle. and 345ib that explains why something went so wrong on this beautiful clear kay. that's the first time we heard about the potential of a mechanical problem. >> let's also talk about the flight record. the pilot behind the controls was halfway through his training on the 777 with ten legs under his belt, 35 hours on that plane. on top of that, the pilot who is supposed to be his instructor, this is the first time that he was working as an instructor. what do those two things tell you? does that surprise you? >> yes, now that both of those facts, both of those training positions are shockingly inadequate. first of all when they say he's thrown ten legs. he didn't say trips. i think hersman was very clear

on that. you can rack up ten legs in two trips. i think when the facts come out, we will find he had flown his plane on very few trips. maybe as few as two or three. legs are when you land and take off. and land and take off. we're used to that in the u.s., hoch zoching. and for the instructor to be on his first instructing trip, that also shows that they're experienced in crew resource management. meaning he's not challenging the very unsuccessful pilot. they're not on top of the communication with each other. the ntsb will be very interesting in that. it's not a good situation. >> i also want to ask you about one little detail that came without yesterday not that we're making any accusations or allegations against the pilots. but the ntsb said the pilots were not tested for drugs and alcohol which is standard procedure in the u.s. after a crash like this curse as miguel marquez says because it's a foreign-based flight crew and airline, they were not required to test them. >> well, see, that's a little

bit -- i have a difference of opinion on that. the ntsb has been doing this a very long time, whenever anyone enters this country, unless you have diplomatic immunity, you are subject to the laws of the united states. i actually disagree. i think they should have asked and, frankly, demanded that they be drug and alcohol tested. first of all, all u.s. pilots are subject to that. and i think that because this airline co-chairs with u.s. carriers, both united and u.s. air, i think they could be subject to it because we're putting lots of american citizens on those airlines even though they buy tickets not on asiana but other carries, but i think they should have pushed the issue because this was so unexplained. i mean, why would you let your air speed and altitude deteriorate so rapidly when you do have other instruments in the cockpit to give you warnings even if you're not on autopilot. >> especially when this happens on such a clear day with so many miles of visibility that you

have for really perfect conditions for a land be like this. mary, great to speak to you again. thanks so much. coming up next hour, that "new day" exclusive we're telling awe about, we'll talk to three siblings and their father who survived the plane crash. all of them injured but just released from the hospital. and tropical storm chantal bearing down on the dominican republic and haiti expected to reach the usa by the weekend. how bad is it now? >> storm has popped up over the last couple hours. it just came over martinique ohm towards dominika yesterday. it's going to drive itself over port-au-prince. they don't need the rain. many still living outside over the cuba area. we're going to see this whole thing travel up. it's going to take some time. a good hurricane forecast goes about 48 hours out. if you see me talking five days out, you still have to watch the

size of the cone because the cone gets very large. driving over cuba. but the one side of the cone could be completely off the east coast, all the way up here. if you take the other side of the cone, all the way into the gulf of mexico. now, the biggest part, the most likely area is in the middle. and that part in the middle has had an awful lot of rainfall over the past couple weeks. all the guidance through florida making rainfall there. you could actually use rain in florida. if it stops over georgia, mississippi, south carolina and tennessee, this is what it's looked like for the past five days. flooding, rainfall everywhere. do not need any more rainfall there. we'll obviously watch where it's going from here. this storm has picked up speed overnight. forecast, a 40-mile-an-hour storm it could go one way or the other. if this thing ends up in the gulf of mexico with that very warm water, it's going to be bigger than that. tell you what, guys, five days away, you can't tell. a great 24-hour forecast it's going over haiti. and it's going over cuba. after that, we're going to have

to watch it. >> even in the southeast, they simply don't need rain. all right. chad. thank you so much. another huge story that we've been talking about in canada, police say a criminal act may have triggered that devastating runaway train crash that leveled part of a small quebec town over the weekend. 15 people are confirmed dead now. an important number, though, to remember, 35 others are still missing. paula newton is live in lac-megantic, quebec, with the latest. good morning, paula. >> reporter: and good morning, kate. investigators here were so concerned about preserving the crime scene behind me they actually asked firefighters to stop dousing it with water. they say they have found evidence that perhaps there was a criminal act here. this comes as a shock, kate, which means this was not purely an accident as many people here have assumed. they will not tell us what exactly they found that leads them to this assumption. but what people have been focusing on and the police as well is that brake system.

did someone disable that brake system on purpose that allowed that train carrying all that crude oil to careen into this small town. they will not say exactly the nature of it. they're saying criminal negligence is still a possibility. but they went so much further yesterday. basically indicating that someone intentionally may have done something to the train itself. perhaps the brakes. setting off a chain reaction that was devastating to this small town. kate, chris? >> all right. paula, we'll get back to you. it's almost insult to injury. half this town basically wiped out. and then they find that maybe someone, one person was behind it. >> the first order of business, though, is figuring out where the missing people are and giving the families solace. we also have new developments in the murder case against former new england patriots tight end aaron hernandez. according to court documents one of hernandez's alleged accomplices is providing police with damning evidence. susan candiotti is live with

latest. good morning, susan. >> reporter: good morning, chris. you know, so far police have sidestepped exactly who pulled the trigger the inside that odin lloyd was killed, shooting him five times execution-style. now, according to a new police affidavit, a man who is there is now fingering the tarnished football star aaron hernandez as the only alleged shooter. in a blockbuster revelation, police tell cnn carlos ortiz said ernest wallace also in the car the night of odin lloyd's murder told them ex-new england patriot aaron hernandez admitted shooting lloyd. until now police have only said hernandez orchestrated the murder adding, quote, the department stood over him and delivered the fatal shots. the defendant has pleaded not guilty. for now, wallace is charged with accessory to murder after the fact. ortiz is being held without bail on a weapons charge.

there were even more eye-popping disclosures 0 on tuesday. more than 450 pages of search warrant material unsealed after a media organization fought for their release. example, detectives were met with a strange reaction from the former star tight end after discovering odin lloyd's body. mr. hernandez became argumentative, the documents read and asked, what's with all the questions? according to police, officers told him it was a death investigation. and, quote, mr. hernandez slammed the door. for the first time, we're also seeing images of hernandez inside his home the night of the murder, along with two other men later identified as wallace and ortiz. attorneys for hernandez and the other people in this case, so far, have not returned our calls seeking comment. but so far lawyers representing aaron hernandez have argued in court that all the evidence presented so far by the state is strictly circumstantial.

kate? >> all right. susan candiotti up there for us. thanks so much. let's stay in boston at the moment where the surviving marathon bombing suspect makes his first public appearance in a federal courtroom. nearly three months after the deadly marathon attack, dzhokhar tsarnaev will be arraigned in boston where he could face, come face-to-face with some survivors. cnn's deborah feyerick is live in boston for us this morning. what are we expecting later today, deborah? >> reporter: what we're expecting, kate, is that dzhokhar tsarnaev is expected to make the hour-long journey from the devins prison facility here to the courthouse in boston punt arraignment is set for 3:30 in the afternoon. there are 30 charges against him including a weapon of mass destruction that's a charge that carries a potential death penalty. he's got a lawyer who will handle that, trying to get him off of any sort of death penalty. he will handle a plea.

usually a quick proceeding he will either do it personally or through his lawyers. a number of people expected in court. it's a very important part of the process. they want to kind of get a sense of who this person is. why he may have done it. and just seeing it -- you will see images of him on television, they sometimes want to see him up close so they kind of get a real sense of what is playing out before them. the proceeding usually quite quick. he will be wearing his prison garb. he's not going to be changing. that only happens usually when there's a jury. and he'll be brought back to finish waiting for the trial. he will turn 20 at the end of this month, kate. >> so young, with so much going on. and now he's facing very serious federal charges. deborah feyerick watching it for us up in boston. very emotional day for the survivors. >> absolutely. a lot of news developing at this hour let's get over to michaela

pereira. egypt, looks like it's getting worse. >> good morning to you. egypt's military holding a news conference at this hour discussing the fatal clashes and aculas vegases that it conducted a coup when it removed morsi from power. the muslim brotherhood rejecting the interim leadership transition plan. it included fast-tracking changes to the constitution and holding parliamentary and presidential elections next year. right now western china dealing with its worst flooding in some 50 years. homes and cars being swept away. thousands being evacuated. rescue workers are racing against time to dig them out. all of this happening in the very same area that suffered a massive earthquake in 2009 that killed 90,000 people. the soul surviving member of arizona granite mountain hotshots paying touching tribute

to his crew saying i miss my brothers. also speaking at the service, vice president joe biden, he says the 19 firefighters who died were a rare breed. >> all men are created equal but them, a few, became firefighters. thank god for you all. >> the arena was packed with firefighters from all around the nation. the 19 hotshots died when a wind whipped out of control fire overran them late last month. right now, a natural gas leak in the gulf of mexico. the leaking well is about 74 miles off the coast of louisiana. the other than houston-based tall list energy says it should be plugged sometime today. 250,000 gallons of oil spilled from the well. experts say a four-mile wide rainbow sheen on the surface is likely to have a toxic effect on the area. finally, super agent drew

rosen haas fights like he does and not afraid to take on a real one. he apparently snagged a six-foot shark during a fishing trip. what did he do? he jumped into the water to wrestle the shark. later this morning, we're going to talk with drew rosenhaus live. >> drew rosen shaus, smart, sma gu coming up a really important day on the george zimmerman trial. they want to put in evidence of text messages. what did they say? an animated rekraexz? what's the judge going to do. also you don't want to miss "new day's" exclusive interview with the grandmother of the kidnapped victim amanda berry.

her reaction to the powerful new video out from amavnda berry an the two other survivors. that's ahead. (girl) what does that say?

(guy) dive shop. (girl) diving lessons. (guy) we should totally do that. (girl ) yeah, right. (guy) i wannna catch a falcon! (girl) we should do that. (guy) i caught a falcon. (guy) you could eat a bug. let's do that. (guy) you know you're eating a bug. (girl) because of the legs. (guy vo) we got a subaru to take us new places. (girl) yeah, it's a hot spring. (guy) we should do that. (guy vo) it did. (man) how's that feel? (guy) fine. (girl) we shouldn't have done that. (guy) no. (announcer) love. it's what makes a subaru, a subaru.

welcome back to "new day," everybody. the judge in the george zimmerman trial is set to rule on key pieces of evidence this morning, after a date of heated arguments. court ran late into the night, as opposing attorneys traded bitter words. zimmerman's defense team wants to admit text messages from trayvon martin and a computer re-enact meant of the night he was killed. cnn's george howell is live in sanford, florida, with more on that. good morning, george. >> reporter: chris, good morning. so we are watching the defense wind down its case. we're looking at the last two pieces of key evidence that they want admitted here. and they stayed up so late arguing even george zimmerman had to stay up past his curfew. >> i'm not getting into this. court is at reinvestigate, i will give my ruling in the morning. >> reporter: court went a little later than expected tuesday. judge debra nelson, the prosecution and defense wrangled late into the night, 10:00 p.m., over whether to admit text

messages and photos from trayvon martin's phone and a computer-animated reconstruction of the crime scene that the defense attorneys want admitted as evidence. judge nelson questions whether martin actually sent the messages or someone else. defense attorney don west argued that the text messages an photos weren't turned over by the prosecution in a timely manner. after hours of arguing, the judge didn't rule on either issue. adjourned court and walked off. flashback to tuesday morning, famed pathologist dr. vincent di maio took the stand. after being presented with evidence by the defense, di maio reached this conclusion. >> if you lean over somebody, you'll notice that the clothing tends to fall away from the chest. if, instead, you're lying on your back, and somebody shoots you, the clothing is going to be against your chest.

>> reporter: di maio told jurors zimmerman's account that trayvon martin was on top of him is consistent with the evidence he examine. it's because of the spray pattern around the bullet wound, grains of powder that hit the skin, di maio determined the muzzle was two to four inches away from the skin. he also concluded martin may have been alive one to three minutes after the shooting. the prosecution got di maio to concede the scenario could have been different. >> i'm saying that the physical evidence is consistent with mr. martin being over mr. zimmerman. >> is it not also consistent with mr. martin pulling away zimmerman on the ground? and you would have the same angle, he's pulling away, and zimmerman's shooting him at that time. >> yeah. >> reporter: defense attorneys also called george zimmerman's former neighbor to testify via

video conference because she was too ill to appear in court. eloise dilligard told the court the night of the shooting she recognized zimmerman's truck parked near the crime scene. o'mara asked dilligard who she thought was screaming that night. >> based on the fact i've only heard george's voice and it's a male light, i would say it was his. >> reporter: so, chris, it was a long, long night yesterday. you know, and you could tell -- you could see these attorneys getting upset. especially don west. the way he was talking to judge debra nelson. i want you to listen to just a little bit of what we heard last night. >> -- said i would offer him the opportunity right now to apologize to me for suggesting that i stood by silently with information that i did not have. >> reporter: so basically, you have the prosecution there saying, hey, we did not withhold evidence.

the defense saying all along, you did, you did withhold evidence. they're angry about it. we do expect judge debra nelson to make a ruling, both of these pieces of evidence can be admitted into this trial. court should start at 9:00 a.m. with those hearings. and then the jury brought in to hear more testimony, chris, at 10:00 a.m. >> all right, george. thank you for that. just as interesting was the judge listened to the lawyers fight and kind of waved it away. she's got enough on her mind. you only know what you feel in court. if these animated evidence come in and what he did as a fighter could be very important for the jury. this is the biggest last judgment for the judge to make. >> that sets up for a very interesting day in court. still coming up next on "new day," john king will be here with your "political gut check." plus, a "new day" exclusive. three siblings, you're seeing them right there who survived

the crash of 214, they're joining us live on "new day." and they're joined by their father who was just released from the hospital. >> that is going to be a beautiful thing. you know what i hate, one of these things, your kid gets your phone, next thing you know, he buys a car on ebay -- what! >> it happens all the tile. >> it happened to one couple. we'll tell the story. talk about no cookies for a week. ♪ baby baby baby oh ances aren't getting shorter. ♪ the trucks are going farther. the 2013 ram 1500 with best-in-class fuel economy. engineered to move heaven and earth. guts. glory. ram. the new ram 1500. motor trend's 2013 truck of the year.

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♪ a little paul simon gets you going in the morning. welcome back, everybody. this is "new day." wednesday, july 10th, i'm chris cuomo. >> i'm kate bolduan. let's get to anchor michaela pereira for news. news coming to light on what contributed to the crash of

flight 214. the ntsb said the pilot was training to fly a boeing 777. the san francisco chronicle reporting the pilots knew they were off course 500 feet from the ground and they focused on correcting that while assuming air speed was being controlled automatically. the runaway train crashing and inferno in quebec, was it a crime? investigators are saying they're acting on discoveries they made but did not provide any further details. they did say terrorism has been ruled out. the wreck and massive fire flattened the down of lac-megantic. 15 dies. a family visiting ocean isle beach in north carolina gathering on a second-story deck to take a picture on the deck when the deck suddenly collapsed. more than 20 people taken to area hospitals with broken bops and cuts. thankfully, none of the injuries are considered life threatening. it's not clear what caused the deck to giveaway. here's the story, an oregon toddler who likes playing with

her dad's smartphone apparently has a taste for vintage autos. she bought a car on ebay. 14-month-old sorella stoute clicked the wrong buttons or the right buttons, depending on how you look at it now her dad is the owner of a 51-year-old austin-healey sprite. >> she decided to open ebay up. started clicking around, one thing led to another, and we own a car. panic. initial panic, just what do we do? i mean, we can't really afford it kind of thing but -- >> because those things you put some money into them. he has decided to keep the car. he's going to restore it. it cost him $225 to honor sorella's purchase. the bad news, fixer upper. good news, two engines, both of them are in the backseat. >> both of them are seized up. >> but it's a car that's almost her size. >> wouldn't that be cool if he took the next 16, 17 years, fixed it up and presented it to

her as a graduation gift. >> then it will cost him more than that. >> as a car-loving daddy, we thinks there may be a conspiracy afoot here. daddy wants the car. sorella, beautiful day, sister in italian. she doesn't have a sister to blame it on. >> this may warrant investigation. >> it might. we might have to get him in the chair. did he really push the button? did she? let's talk about pledges to the political gut check. all the stories you need to know coming straight out of washington. two big political come yases as we like to say potential comebacks. john king is here. sarah palin back in the news. she never leaves the news. the former alaskan governor says she may run for the alaska senate seat. this isn't the first time that

sarah palin has kind of suggested she may get back into public office. what do you think, do you think this time she's actually going to do it? >> seeing is believing, kate and chris. sarah palin likes to be talked about. as you go to your search engine, now that she's told sean hannity she's talking about it, both the left and right of buzzing. the truth would be if she you actually does something about it. does she hire a team and start to raise money? there's zero evidence of that right now. when governor palin left office, halfway through that term, her popularity in alaska wept boom. this would be a big test for her. also, one of her favorites the tea party candidate joe miller who ran for senate and failed last time. she's in this race she's talking about replacing mark begich. but if they were to do this she'd have to go through the public and primary. does she really want to get back into it? we'll find out. hillary clinton has not even jumped into the presidential race. she has another big endorsement.

this time, not a politician. but instead "vogue" editor-in chief anna wintour. she said i can only hope that you of you in little rock will be celebrating her come november 2016. what is this all about? is this about trying to push hilly to get in the race or this about anna wintour knows how to get big donors to shell out money? >> i think number one, it's proof of the mass disappointment there's going to be in the democrat ranks if she zields not to run if senator hillary clinton or first lady, it's going to be a massive case of disappointment. to pick up on mr. cuomo and his morning of conspear theories. a lot of people are saying, hillary says, i don't think so. what do we see, anna wintour, you're right. she was a huge fund-raiser for president obamas right? the pro-clinton super pac has

signed up this group 230 strategies. the leaders of that group -- they did the grassroots for president obama. the conspear theory is that she's saying no but all the chess pieces are there. what does the vice president think about this, if team obama is going towards hillary clinton, he might be scratching his head. >> that's a very good question. >> did i hear conspiracy? >> yes. back to student loans. you've got the senate they're going to pass, we believe, their bill that says let's keep the rate where is they are. the house wants to tie student loan rates to the ten-year treasury, just like home mortgages. but what are you hearing about pressure to do the right thing by students? by advantaging them, not just treating them like some other borrow, anything? >> here's my first conspiracy theory, mr. cuomo is so hot on this issue because he's promised his daughter to spend a huge amount on a car. he needs these huge interest

rates on loans. look, this has now become part of a political game. the house has already passed its plan as we discussed yesterday. the democrats don't like it. the house says we passed a plan. now the senate controlled by democrats should pass a plan then we'll meet and figure out the differences and try to strike a compromise. what the senate is looking at, the leadership says maybe a one-year suspension. the republicans are crying foul. keep the rates at 3.5%. next year in 2014, use it again as a political wedge and happilier the republicans saying they're above the low. republicans will rally against it saying we can do a permanent extension. we don't need to do this. so this very important issue caught up in that magic word -- politics. >> hmm. shocking. shocking. i know. >> shocking. >> happy wednesday, john. great to see you. short-term kind of kick the can down the road fix that we talk about. >> you know what the representatives should do?

keep the ties to the ten-year treasury just like the home mortgage but make the interest deductible for the home mortgage. show that it's a priority for the next generation it's a big deal. on "new day," amanda berry's grandmother. she's going to be speaking exclusively to "new day." and we'll get her reaction to the three kidnapping victims breaking their silence in a very public way. and a must-see moment. find out what happens when a man on a motorcycle tries to save a woman's coffee mug at 40 miles an hour. i said it fast because it's something that happens every day. >> just another day. ♪ let it rock let it rock let it rock ♪ ♪ ♪ norfolk southern what's your function? ♪

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support keeping pouring in for the cleveland three held in a house of horrors. after amanda berry, gina dejesus and michelle knight thanked the nation on youtube. "new day" spoke to pamela brown, great to hear from her. >> absolutely. we have obviously, a strong reaction from this video. now we're hearing exclusively from amanda berry's grandmother who shares what she thinks about the women speaking out. >> oh, it's special. >> reporter: amanda berry's grandmother fern gentry sat down exclusively with cnn and watched this youtube video for the first time, showing her granddaughter smiling and sending a powerful message. >> i'm getting stronger each day. >> got to be strong. and i know she thanks everybody

for everything they've done for her. >> reporter: gentry joins the flood of well wishers scompreg support for amanda berry, gina dejesus and michelle knight now breaking their silence after two months ago. >> when i saw her walk through that door and she said, it's me. i'm alive, that is the most important thing i ever heard in my life. >> reporter: until now, these missing persons images were how the world knew them. now this. >> i will not let the situation define who i am. i will define the situation. >> reporter: young women in their 20s empowered and taking a stand. >> the girls are incredibly grateful for everything that everyone has been doing for them. you know, the courage to go on and put on a video really telling you something about their resilience and character. >> reporter: chris kelly running the women's courage fund now

with more than $1 million from nearly 10,000 donors. >> this was the idea that they came up with. that video to be distributed to everyone would be an appropriate way to say thank you. >> thank you for support. >> reporter: gentry says she hopes the video will serve as a reminder not to give up on other missing children. >> there's a lot more children out there that's gone and missing. just have hope. >> and gina's parents told cnn through a family friend that they're happy the world now knows what their daughter looks like. that she's beautiful and continues to pull herself together. the girls won't be doing any interviews anytime soon. of course, it's only been two months since rescued. i spoke to an attorney for the young women and he said this was their message delivered wait they wanted. >> they look so good. so good to hear even if just a brief moment. >> i love the grandmother saying have hope. there's so many families out there hoping for an ending like this. >> reminds you not only the

girls went through obviously too much but what the families went through all these years as well. >> thank you. coming up on "new day," a mother of two is caught on camera laughing as she tried to hire a hitman to kill her husband. she's not alone? what is the motivation for these kinds of plots? and we're going to show you what happened when a man on a motorcycle spotted, i don't know, a coffee mug on the bumper of a moving suv. >> and then she pours it out. >> i risked my life -- [ male annou progress isn't about where you've been. ♪ it's about where you're going. the new ram 1500. best-in-class 25 mpg. ♪ north american truck of the year. ♪ the truck of texas. better residual value than ford and chevy. it's the fastest-growing truck brand

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begin your legacy, get an auto insurance quote. usaa. we know what it means to serve. do you do this, if you could ride a motorcycle do you give the cup back and wait. >> i don't own a motorcycle. >> and who's shooting it? she pours it out-t out. >> what is that about?

a rescue, let's go to the mountains of utah nearby. the poor cup left strand on that bumper. you see it on the ford explorer. but the motorcyclist comes to the rescue. he lifts the cup to safety. to the suv driver. what does she do? you'd think she thanks him. no, she dumps it out. i think he's probably thinking i don't want an open container in my car. >> i think i heard her say, oh,

my -- >> and yet a camera on his head the entire way. >> good thing he was equipped with that go-pro on his head for just this occasion >> was it really on the bumper? >> is that three -- are we at three? >> we'll see how many we can come up with today. >> conspiracies come in threes. coming up on "new day." we're learning more about the pilot of asiana flight 214, and he didn't have as much experience as originally thought flying the boeing 777s and his instructor, that was his first time on the job. was it pilot error or mechanical error behind the crash? and beale hear from three children and their father who survived the crash. incredible story and reunion. [ mrs. hutchison ] friday night has always been all fun and games

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♪ according to new report from the united nations the united states is no longer we are no longer the fattest major country in the world [ cheers and applause ] what happens -- this is what happens when you take paula deen off the air. [ laughter ] >> a new report found that mexico has passed the u.s. as the most obese country in the world. [ cheers and applause ] but don't worry, twinkies are coming back next week! [ cheers and applause ] >> it is golden. >> that was hilarious. >> do you like a twink yi >> i love a twinkie. espn this morning says major league baseball preparing to suspend as many as 20 players

for their use of performance-enhancing drugs that would be big. let's bring in andy shoals with the "bleacher report." preparing how big is this? >> suspensions spend from major league baseball investigation of tony boss down in miami. ryan braun and allegation rodriguez expected to be suspended. braun interviewed on june 29th, during the interview, he refused to answer questions about his connections to the miami clinic. a-rod meanwhile continues to rehab in florida from his surgery. he's expected to meet with investigators on friday. u.s. men's soccer team taking on belize. chris wondolowski in the right place at the right time gets the u.s. on the board. but look at his jersey,

"wondolowski" is misspelled. there's an extra "w" in the middle of his name. he might consider keeping that jersey on, though, guys. he scored a hat trick in the first half. the u.s. crushed belize 6-1. >> so what, an extra "w," right? >> extra "w" in the middle. wondolowski. >> it's not like smith or something. in the last story in the "bleacher report," guys, espn, the body magazine. it's going to hit newsstands on friday. check it out, 77-year-old golf legend gary player taking it all off for this year's issue. mr. fitness as he was called on the pga tour, he's the oldest person to pose nude for the magazine. guys, player still in great shape. he does 1,200 crunches every morning. still squats 250 pounds. >> wow. >> when i'm 77, i hope i can just get out of bed. >> oh, don't sell yourself so short. but those -- yeah, those nude

photos, they're art. that's what they tell us. it's art. >> i like it. i think they're beautiful athletic bodies. >> i think there's people all over training showing you can still vital. very good. very interesting leg position there. if you like music, you know what it means, time for the "rock block." >> in "the new york times," pharmaceutical firms are racing to get approval for a new drug that may lower cholesterol. that drug mimics a gene with two minimum with low cholesterol levels. yosemite park put on hold swimming pools. and congress proposing a new national park on the moon. the plan would designate lunar

landings as a national historic park. i kind of dig it. >> oh, sure. took a while to get there. >> it's going to be a problem. >> deill thats. details. >> christine roam. s back looking great. >> thanks, guys. >> a little business news put a smile on your face. stock futures lower. brand-poll from cnn money finds the bull market is looking tired. the chief of the internal revenue service says he wants to stop big bonuses. danny werfel's statements over an outcry of $70 million in bonuses. an agency spent nearly $3 million on a nonexistent malware. that's right, the agency went so far as to trash $130,000 worth of computers. because of a threat the government said it didn't understand. >> that's a problem i would say. let's get to chad myers at the weather center with what

youed me to know before you head out the door this morning. >> a lot of air travelers. getting out for the weekend. rain showers into pittsburgh right now slowing down air travel. other than that, the heat has pretty much gone away. i guess it's hot, but it's still summer, though. the hottest spot in the country east of the mississippi will be right at memphis. and that's just east of the mississippi. if you're flying out today, 2,200 airplanes already in the sky. heading to a number right around 6,000 by later on this afternoon. >> that chart always scares me. >> scares me, too. >> luckily they're not that big. >> not to scale, everyone. >> scares you looks like they're all flying into each other. >> thanks so much, chad. we're now at the top of the hour which means it's time for the top news. >> we were all bouncing all over the place. i was freaking out.

>> recipe for disaster the pilot for flight 214 being trained by a brand-new instructor. and key equipment may have failed right before the crash. extreme weather barelying through the east coast as tropical storm chantal rolls through the caribbean. what you need to know about this powerful force of nature. and lawyers arguing over text that trayvon martin sent before his death. do they prove he was looking for a fight? >> your "new day" starts right now! ♪ what you need to know -- >> at least 7 million american college students twisting in the wind for the next ten years -- >> but you just have to see. >> from his return from a year-long tour of duty in afghanistan! >> yea! ♪ >> announcer: this is "new day" with chris cuomo, kate bolduan and michaela pereira. good morning, welcome to

wednesday, everybody. welcome to "new day." it is wednesday, of course, july 10th, i'm chris cuomo. >> i'm kate bolduan, good morning, everyone, we're joined by mikaela pereyra. coming up at this hour, a "new day" exclusive. we're hearing from a survivor seriously injured from that asiana flight crash. he just got out of the hospital. he is joining us live along with his three young children who were on the plane who suffered injuries. they're doing well and will talk to us about that horrific ordeal. plus there's new and damning evidence against former nfl player aaron hernandez. an alleged accomplice call him the trigger man. a power sports agent jumps in the water and starts wrestling a six-foot shark. what is what drew rosen haas live. first three new developments in the crashing of flight 314.

first, according to investigators the pilot was in training to buy a boeing 777. second, the instructor at his side had never served in that role before. third, the jet's auto throttle. was it malfunctioning. miguel marguez has more live from san francisco. good morning, miguel. >> reporter: chris, you're exactly right, those three big questions. we're getting a much better idea of how this crash took place. the bulk of the investigation on the ground is now done. investigators saying it was the landing gear of that 777 that hit the seawall first. essentially if they were a few feet higher they would voluntary stuck it on the runway and landed successfully. a few feet lower and a much more tragic story. three pilots were in the cockpit when it crashed in san francisco on saturday. >> oh, my god! >> reporter: the man in commandch asiana ill-fated flight was experienced on the

747. like this kln flight landing on the very runway of the san francisco crash. but this was his first time landing a 777 here. >> instructor pilot stated that they were slightly high when they passed 4,000 feet. >> reporter: the co-pilot very experienced flying a 777 but this was his first time as an instructor on the aircraft. investigators say the auto pielg pilot was off. but the auto throttle, a device that regulates speed, was on and set to 137 knots. but seconds before the crash, the plane had slowed dangerously to 103 knots. >> we are now going to be looking at flight data recorder information to validate parameters, things like the auto throttles. >> reporter: but there say speed indicator in the plane and they would have also seen it bright red and white lights like in the flight they're call precision path indicators or poppy lights.

if i see all red it means i'm too low. all white, means i'm too high. >> at 400 feet he noticed the four poppies were red. >> reporter: and two flight attendants were ejected from the plane after the tail section broke off. >> i believe we ended up finding what we believe were four people in the back in the rubble. >> reporter: today for passengers arriving in san francisco, an eerie sight, that burned-out wreckage of flight 214, a socialing reminder of how so many came so close to death. and we now know that no blood was taken from any of those pilots hours after the crash. authorities saying they have no jurisdiction or authority over foreign crews. back to you, guys. >> all right, miguel. you can imagine being ejected from that mraenl and surviving? we want you to stay tuned. coming up we'll have that "new day" exclusive to hear from the

three siblings and their father who survived. we're also tracking serious weather, powerful winds, torrential rains, tropical storm chantal could leave a mark. what is her path right now, chad? >> i think it's heading to the dominican republic or haiti. right over port-au-prince for the next 24 hours. then it's going to try to go over cuba and towards the u.s. here it is overnight. kind of died out overnight. nothing overnight. the past couple of hours things have popped up here just to the west and south of the d.r. there's the dominican republic can, haiti and cuba. a hurricane aircraft inside at this point found wind to 50 so it's gaining strength even though it lost overnight. this is going to be a schizophrenic storm for the next few day. when a storm goes over land it dice. when it's back over water it gains strength. there's so much land in the way at this point in time until it gets to florida or georgia or the carolinas. and it still could be a much

bigger storm if it stays over more water. some of the spaghetti models say more water. some say over land. it honestly depends on where it goes from here. there's been so much rain across the southeast it almost doesn't matter where it goes. there's going to be flooding. whether there's any wind damage or not is not a big deal. it will it be flooding? we kernel think there there be. >> thank you for the update. investigators in canada now say foul play may have played a role in the train crash that left 15 people dead. officials say some victims were vaporized by intense flames still burning 36 hours later. paula newton is live in canada with more on the investigation. good morning, paula. >> reporter: and good morning, chris. i just spoke with police again, and they wanted underscore the fact that this is no longer being treated as an accident. they're saying this is the one of the largest criminal investigations they've ever mounted in this province. they believe that something happened to that train that

allowed it to careen into this town and caused such a tragedy. it's clear police want to preserve the heart of what is now a crime scene. it asked firefighters to stop dousing it with water. they have dozens of investigators combing through what little is left. they made it clear they're not convinced this is purely an accident. >> namely there are pieces that might lead us to believe there are certain facts that might come to criminal acts. >> reporter: police refuse to describe what evidence they found. the victims caught up in the tragedy the news is tough to take. >> it's not frustration. it's rage. i don't believe in fight fire with fire. i don't believe in that. but this person -- this person killed a lot of people. my god. >> reporter: krine blanchett worked in the musi bar a place

filled with patrons that took the brunt of the blaze. she wants answers on how this could happen. now police are saying those answers may take quite some time. they're say they're ways away from making any arrests but again, kate, they are saying this is a criminal investigation and they're determined to get to the bottom of what happened. kate. >> yes, it is difficult to grasp the scope of the tragedy that's hit that town that's for sure. paula newton. thanks so much. great report. now, to a boston courtroom which is expected to be packed this afternoon as accused marathon bomber dzhokhar tsarnaev is going to be arraigned. it will be his first public appearance since his capture back in april. and cnn's deborah feyerick is live there this morning. what are we expecting, deborah? >> reporter: well, kate, we know the courtroom is going tock to be packed. pack to the gills. families and victims invited to attend this court proceeding. the court making every effort to accommodate them. they know it's sometimes important for the families to

sort of being in the presence of somebody who in many respects attempted to kill them. it's go to come a busy place. this is the same courthouse where the trial of reputed mob boss whitely bulger is going on. right now, they're putting down barriers to make sure that the whole air is sealed off, cordoned off. dzhokhar tsarnaev expected to enter a plea today. the 30 charges against him including using a weapon of mass destruction to kill people. four people died in the attack and many others injured. and likely to make sure that everything is copacetic. he will be there with his lawyers and prosecutors as well. kate. >> deborah feyerick live in boston. security clearly going to be tight. thanks so much. listen up. if you have kids or want a college degree this is for you. the senate is set to lower interest rates on federal

student loans. remember, the rate doubled after lawmakers failed to compromise. erin is live. what do we know? >> reporter: chris, college students and their parents need to know that these interest rates are going up, doubling. and the senate today at noon is going to vote on whether to begin to debate harry reid's proposal that would cap interest rates at 3.4%. in the meantime, college students are stuck in limbo. >> i do worry that i'll have a problem finding a job. and if i have a problem finding a job, well, there you go. i can't pay back my loans. >> reporter: college students all over the country just like georgetown university's brandon anderson are getting slapped with higher loan rates. if congress doesn't act fast, anderson says he'll have to bay a whopping $4,000 more after graduation. right now, about 7 million students who take out federally subsidized student loans will see their interest rates jump

from 3.4% to 6.8%. and congress can do something right now to stop this. but instead, they're bickering. republicans say the market should set interest rates, while democrats argue students need more protection. >> the two republican proposals one from the house and one from the senate are worse than nothing. >> reporter: if congress fails to come to an agreement, officials say the average student's post college bill will be $2,600 more. that's a major concern to studentses like anderson. >> i think that every other american student feels the same way. we just want to be able to go to school. we want to be able to access the american dream. the way to do that is afford an education. we cannot afford it with rates doubling. >> reporter: now, it's still unclear if even that proposal vote can pass today. if it fails that could open up

congress to a much larger debate kate and chris. >> thank you, erin, very much. here's why it matters here. the politicians have said that education is a priority. we all know that is the way we move our economy forward. and not only are they not advantaging students. they're disadvantaging students. it doesn't make sense. you want to tie it to what the mortgage rates are based on, fine. >> i think the only silver lining here is that many students don't seek out these loans until august. >> right. >> so there is a little bit of room for them to fix it. but i think the frustration is always why do you always have to go up against a deadline and miss the deadline and then try to fix it. >> that's right. make this a political football. all the family's hopes for the kids this is what you fight over. let's get to michaela for the latest. good morning to you at home. making news egyptian prosecutors are going after top officials with the muslim brotherhood. today, they issued arrest warrants for the chairman of the

muslim brotherhood and the vice chairman of the group's political wing. on tuesday the military announced that a top economist will serve as egypt interim prime minister and nobel prize winning diplomat mohamed elbaradei will be the vice president. potentially damaging new evidence against aaron hernandez the former nfl standout accused of killing this one-time friend. according to new court documents one of the two men allegedly involved in the crime told police hernandez was the trigger man. and these newly released photos taken from surveillance video inside of hernandez's home apparently showed him and the two men on the night of the murder. is edward snowden headed to venezuela? the south american country has offered asylum but according to wikileaks snowden has not accepted the offer yet. it's not clear how snowden would get there from the moscow airport where he's been living for the past would weeks. the only direct flight goes through cuba and his u.s.

passport has been revoked. james comey clarifies his stance on waterboarding telling a senate compete even though they formally approved waterboarding under george bush he's long considered it torture and illegal. for a san antonio 10-year-old a trip to the circus really was the greatest show on earth. mckenly thought she won a contest to announce the ring master but got the surprise of her life when she announced her dad serving in afghanistan for 15 months. >> i literally was like, wow, what is happening. >> after everything i've done and everything that we do for the country and the sacrifices my wife made for us to be able to give that moment to her is just amazing. >> that was her dad's third tour in afghanistan. and she was expected home for a while. so it was quite a surprise. she mailed the ring master announcement and got the surprise. it's one of those videos you

love to see. >> it always warms your heart. >> they do. the families give so much and more and more are serving multiple tours. we're going to take a break on that one. we come back, this day in the george zimmerman trial may be the one to watch. the lawyers were fighting late into the night. there's big pieces of evidence on the table. we'll take you through what's at stake. and they were seriously injured in the crash of 214. and now a father and his three children are going to be talking to us in a "new day" exclusive. ♪ norfolk southern what's your function? ♪

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welcome back to "new day," everyone. a couple major rulings are expected in the george zimmerman trial. it cummings after a marathon day in the courtroom with the defense and prosecution getting into a pretty heated argument late into the night about text messages from trayvon martin. and a computer re-enactment of the night he was killed. cnn's george howell is live in sanford, florida, awaiting those rulings. it's going to be a big day in court today, george. >> reporter: kate, absolutely. we're watching the defense team wind their down their case. we're looking at the last two

key issues they that they want admitted as evidence, and they stayed up so late arguing about it. we even saw george zimmerman stay up past his curfew. court went a little later than expected tuesday -- >> physically unable to keep up this pace any longer. it's 10:00 at night. we started this morning. we've had full days every day. >> reporter: judge debra nelson, the prosecution and defense wrangled late into the night, 10:00 p.m., over whether to admit text messages and photos from trayvon martin's phone and a computer-animated reconstruction of the crime scene that defense attorneys want admitted as evidence. judge nelson question whether martin actually sent the messages or someone else. defense attorney don west argued the text messages and photos weren't turned over by the prosecution in a timely manner. whether playing games with us, lying to this court and now it's our fault? it's our fault? deny mr. zimmerman the right to

present this information viol e violates the florida and united states constitution. >> reporter: after hours of arguing, the judge didn't rule on either issue. adjourned court and walked off. flashback to tuesday morning, famed forensic pathologist dr. vincent di maio took the stand after examining photos and other evidence provided to him by the defense, di maio reached this conclusion. >> if you lean over somebody, you'll notice that the clothing tends to fall away from the chest. if, instead, you're lying on your back and somebody shoots, your clothing is going to be against your chest. >> reporter: di maio told jurors zimmerman's account that trayvon martin was on top of him is consistent with the evidence he examined. it's because of the spray pattern around the bullet wound, grains of powder that hit the skin, di maio determined the muzzle was two to four inches

away from the skin. he also excluded martin may have been alive one to three minutes after the shooting. in cross-examination, the prosecution got di maio to concede the scenario could have been different. >> i'm saying that the physical evidence is consistent with mr. martin being over mr. zimmerman. >> is it not also consistent with mr. martin pulling away from zimmerman on the ground, and you would have the same angle, he's pulling away. and zimmerman's shooting him at that time? >> yes. >> reporter: defense attorneys also called george zimmerman's former neighbor to testify via video orchs because she was too sill to appear in court. el low wee dilligard told the court the night of the shooting she recognized zimmerman's truck parked near the crime scene. >> tell the jury as best you can -- >> reporter: so it was really

important because the defense also asked if she knew the voice on that 911 tape. and eloise dilligard said she believed it was george zimmerman. so, you know, from the fireworks we saw yesterday, could we see that again today? it is highly possible as these attorneys will be back in court at 9:00 a.m. eastern time to continue their discussion, their argument, really, about these two key issues in a hearing. and then at 10:00 a.m., chris, we expect the jury to be called back into the courtroom to hear more testimony from witnesses as the defense winds down its case. >> all right, george. thank you very much. this isn't just lawyering. this is about the defense's final push. let's take a look quickly move through the high points. spreading a doubt. that's what the defense is trying to do. put doubt in the mind. george is genius, that's the pathologist we just saw. he was professional on the stand. he made it seem that it makes the most sense that martin would have been on top, trayvon

martin. remember, that's fundamental to self-defense. and that he could haven been moved after being shot. and animated drama. this is going to be huge. why? the defense wants to introduce a cartoon that shows what happened that night in the altercation. it could be very, very influential to the jury. it could literally be the picture in their minds to events. so what happens is critical to what happens today. we have to watch it. trayvon on trial, the defense has made a decision to make trayvon martin relevant in terms of whether or not he was a good actor here or bad actor. the marijuana use is allowed. now text messages what do they say? we hear from the defense talk about how he was a fighter maybe he wanted a gun. trying to paint a picture pour them. is that dangerous for them? you could say yes. when they effective yesterday, we get better answers than i can by. we have mr. vinnie poll la ton host of d.c. d.c.

and danny cevallos. vinnie, i start with you, you have di maio up there. he seems to confirm that george zimmerman's story makes sense. the prosecutors anybody nibbling on small points. how damage to get case? >> it was damaging. and the real reason was the contrast that the medical can'ter that the prosecution put on the stand. his demeanor, his confidence, the way he testified, so different from dr. di maio who is so seasoned so experienced and came across pretty well in court yesterday, unfortunately for the prosecution. >> all right. for both of you, i want you to weigh in on the cartoon. we start with you danny cevallos, what could this mean for the defense if this animated re-creation gets in? >> oh, it could mean good things for the defense if it gets in. the question is will it get in?

it's likely that it won't. this is not demonstrative evidence. it's not just animation. they're trying to admit it for substantive evidence. the problem is not the technology. obviously, this technology is used in "ireman." it's breathtaking, it's cgi. the formula used, if someone had actually used these magic suits to run around when the crime was committed it would be admissible. the problem is, he's just re-creating it using estimations of data from different witness statements. that is probably not going to meet the standard. and it's a high one for admitting this kind of evidence. >> surprisingly, danny's saying it shouldn't be getting in. we don't need to balance that out, vinnie. >> let me hit you with this, danny. you've made a defense to go after trayvon martin who was questionable the victim here even after giving zimmerman a beatdown. what could that mean to jurors, you're playing around with marijuana, now the text

messages. what could you hope would be the probative value of these text messages that wouldn't just bitter the jury? >> well, there's a spectrum of different things the defense is trying to get in. one is the marijuana which goes to his state of mind at the time. signing that's probative. i think that should come in. however once we move along the spectrum we get the text messages. we have to be aware of what zimmerman was aware of at the time. when you get into trayvon martin's bad character that zimmerman couldn't possibly have been aware of then you move away from the probative. and the potential for prejudice starts to rise. when prejudice outweighs substantially the probative value, it must be excluded. >> so vinnie, do you believe -- >> i concur -- >> you dorun with. you condurincur. do you think they run with this case and if they do, what do

they need to get done there? >> they really have to get this thing in closing argument and tie together zimmerman's story and paint that picture. but i think they have to address the marijuana. and they've got to put an expert up there to say how long impact -- you can't put two and two together. the impact of marijuana. what this amount of the marijuana in your system really means. so the jury gets a much clearer picture about how hoe it does not impact what he was doing that night and how speculative any testimony like that would be. i think that would be crucial in a rebuttal case. other than that, you've got to bring it for the closing argument. >> danny? >> vinnie, i would love to use that argument. interesting how the roles flip in this case. >> you know that is interesting. just as commentary. you hear prosecutors saying marijuana is not a big deal it would be very interesting but you say what you have to when it suits you. let me ask you this, vinnie, do

you believe that the defense has succeeded in spreading enough doubt because that's their burden? even making a self-defense case, they don't really have to make a case for all of you at home who aren't lawyers. to show brnd a reasonable doubt that george zimmerman could not have thought he was in risk of serious bodily injury. do you think the defense has done its job? >> defense has done a great job in this trial. but a lot of it had to do with who the witnesses were for the prosecution. however, the best witness the prosecution has in this case is george zimmerman himself. use his words against him in the closing arguments. trust me, there's enough things that he said that's in front of this zwrur that you can absolutely paint that picture that his story is unreasonable, unbelievable and not true. and he lied. and his time line doesn't work out. as a result, he's lying about what happened that night. why? because he was not acting in self-defense, ladies and gentlemen. >> let me get a one-word answer from both of you on this. then we have to go. at this point do you believe

that the prosecution can go to the jury on just the murder charge, the second degree charge, vinnie? >> no. you need the lesser included. and they should always be there. that's up to the jury to decide. put them out there. if they believe murder, they believe it. if not, go to aggravated manslaughter. let the jury make the decision. >> that's the longest single word i've ever heard in my life. danny can you add to that? >> it goes to the jury. that's for sure. but will it be a not guilty? yes, it will, zimmerman walks. >> thank you very much, fellows. if people knew how you investigation have been insults my basketball games since the last time you've been on, they'd understand why i'm giving you a hard time. let's go back to the wall here. prosecution, defense, ups and downs. you have to say that the defense has done a solid job is it enough? we don't know. today is very, very important what happens with the animated re-creation with the prosecution ends its case.

we'll see have to see what happens. kate? >> chris thank you. a "new day" exclusive, a father who survived the crash of 214 who just got out of the hospital himself is joining us live along with his three beautiful kids were also on the plane with him. the incredible story coming up in just a moment. a very different story ahead. a mother of two tries to hire a hitman to kill her husband. she's hardly the first person to get caught. what's the motivation behind these thoughts? ♪ that's me... i made you something. ♪ i made you something, too. ♪ see you next summer. ♪ [ male announcer ] get exceptional values on the highest quality cars at the summer of audi sales event. ♪

♪ oh, are we human or are we dancers? is there a better question. welcome back to "new day," everyone. it's wednesday, july 10th. i'm chris cuomo >> i'm kate bolduan here with michaela pereira. a "new day" exclusive. a father on flight 214 just got out of the hospital. he's speaking about the crash for the first time joined by his three kids also on that plane. their mother still recovering in the hospital. >> one day exclusive not enough.

now about another, the grand mother of amanda berry reacting for the first time of that powerful video of her granddaughter. let's take a look at headlines, shall we. good morning, everyone. investigators are looking at asiana flight 214's automatic speed throttle. the auto throttle was set to 157 miles per hour. the pilot assumed it was handling speed but it wasn't. and they apparently realized it at the last minute. the ntsb said the pilot was training to fly a boeing 777 ands were a first-time instructor pilot. we will speak with this family that you see on the screen right now, that's jun jang and his three children that survived the crash. we'll talk with them in moments. cnn has learned the canadian police are no longer treating the deadly train crash as an accident. terrorism has been ruled out but sabotage remains a possibility.

15 people have been killed in the small town of lac-megantic. 1200 have been aloued to return home. jury selection now under way in the court-martial of major nidal hasan the army psychiatrist accused of a shooting rampage. six potential jurors from a pool of 20 were excused tuesday. opening statements are set for august 6th. hasan is acting as his own attorney. in texas, a law that broadly restrict its abortions in the state the texas house tentatively approved it tuesday. clinics say those restrictions would force some clinics to close. the state senate is debating a similar measure. and how about this, chris, wigs for a baby -- i say a wig for a baby? maybe girls specifically. it is sparking some controversy on the internet.

some parents are not happy with baby bangs, a company that makes hairpieces for infants up to 8 months old. it helps set the newborn girls apart from their bald baby brothers. those wigs start at $20. if you want a custom design it will set you back more. what do you think? >> look, if is embarrassing when somebody says your baby girl is a boy. it does get you a little bit. when they're healthy, they're beautiful. although you don't want to touch that spot in the middle. >> no. >> you steer clear of that until they're 9. kate to you. >> thanks, guys. this morning, a "new day" exclusive, we're hearing for the first time from a person seriously injured in the harrowing airlines crash. jun jang was just discharged from the hospital he was on that plane with three children ester, sarah and joseph who all made it out with minor injuries. they're joining me now from san

francisco. i have-t to tell you it's so great to speak with you, jun, and your family, ester, sarah and joseph. looking so well. i know your wife is still in the hospital. you were just released. your children were released earlier. i guess i got to ask, how is everyone doing? >> we're doing okay, considering the magnitude of -- you know, of the event. so, you know, i had some minor injuries. i had some fractures on my head, my neck, my feet. on my chest. but those are sort of minor fractures. and according to the doctors they'll heal automatically as the pain passes. my wife has a similar fractures and hopefully, it heals over time. >> yeah. i mean, we've heard from some survivors. but this is really the first time that we're hearing from someone, you, your wife and your children who have really nationinjuries. have the doctors told you where

you think your injuries, your wife's injuries, where these injuries came from? what was it in the crash? >> i think most of the injury came from the impact, moving forward and banging on the seat in front of us. actually, i don't remember the impact. the only thing i remember is, you know, a lot of noise. as i woke up from my sleep as the plane was landing. and the next thing i remember, i'm laying down on a field. and first responders are working on me. >> what were those moments? you don't remember the impact, but when you finally came to and you recall, what were those moments like after the crash? it must have been absolutely surreal for you. >> yeah, it has been surreal. i'm still trying to recover from those moments. but, again, i mean, when i found myself conscious in the field, all the first responders were working on me.

i mean, they were just asking a lot of questions. i barely opened my eyes to make sure that my children, my wife were okay. and the first responder was just taking me to the ambulance or to the e.r. room. and just a lot of chaos. >> absolutely. and i'm sure you've seen some of the video of the crash actually happening. we have that amazing video. it's so terrifying see. what did you think when you see that video knowing you that and your family are inside that plane? >> yeah, it was kind of scary. i mean, we're just thankful that we are, you know, we came alive. you know, we just want to go back to our regular life. and the only thing that i can think of is that we are very grateful and thankful that we are alive. and it was a very scary moment for us. >> and ester, i know that you and your sister and brother, you remember a lot about the crash happening and everything that

was going on around you. what was it like when the plane finally stopped from that horrifying experience? >> i first thought like did this actually really happen. and when i realized it did, i was terrified. and after i figured out that all my family members were alive. the only thing i wanted to do was get out of there. >> what did it look like around you? >> many things from the top of the plane were on top of us. and the chairs in front of us were also on top of us. and my parents' chairs actually were on the floor because they fell over. >> and joseph, and, sarah, i know the family was separated for quite a period of time after the crash. joseph what was it like when you finally were able to find your mother, your father and your sisters once again? when you finally were able to get back together. >> i was really happy like i

hadn't seen them for like a while. that's like the longest time i haven't been with my family, so it was kind of scary. >> sarah, do you feel the same way? >> yeah, i was really happy i got to see them especially after the plane crash. the plane crash was really scary. >> i think to say the least. so, jun, everyone is thankfully on the road to recovery. of course, you need to get your wife out of the hospital as soon as she can. how are you preparing your family and yourself to be able to fly back home to colorado at some point? >> yeah, exactly. and that's one of the things that concerns me the most. you know, when we go back to colorado, we certainly need to have a family meeting -- you know, a conversation on this and make sure that everybody's okay. and then the most concerning thing is the long-term effect.

a year down the road, two years down the road when this thing can pop up. that concerns me. certainly, i'm open for getting help from outside counselors as well. >> in the short term, at least we can talk to you today. at least you're with your family i can only imagine how thankful you are for that. jun jang and your kids, it's great to meet you all. we wish you the best. and best to your wife as she's recovering in the hospital right now. thank you. >> thank you. >> and thanks for them for getting up so early to share their story on the west coast. when we come back on "new day," a wife and mother trying to hire a hitman to knock off her husband? extraordinary? it's not the extraordinary part. what is -- this happens far more often than you think. and we'll tell you why. and the show will not go on for elton john, at least for now, we're going to tell you about the scary illness that forced him to postpone his summer tour ♪ benny and the jets anyone have occasional constipation,

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♪ welcome back, everybody to nd ahmadinejad. it is "money time" with christine romans. all the business news we need to know. >> good morning. stocks rose for the fourth session in a row on tuesday. that's good. the s&p 1% low it's all-time closing high. that's good, too but this bull run looks tired. the brand-new s&p pony pol predicts the s&p will end with a lower gain. hidden in cell phone bill, taxes, folks. 911 districts even school districts often tack on taxes to your wireless bill. and you probably don't even know about it. all together it adds 17.2% on average. that's according to the tax foundation. all right. this is the largest fine ever against a debt collector for harassing consumers. the federal trade commission

finds expertlobal solutions the largest debt corrector in the world $3.2 million for abusive tactics. calls at work. calls at night. over and over again, all this, quote, with the intent to annoy, harass or abuse, that's according to the government. sometimes, even haranguing consumers after they had paid the debt. >> after? >> after they have paid the debt. this is a very big business. 30 million people owe money that a debt collector is trying to go after you. 30 million people. >> so there's a limit there. >> ftc says there's definitely a limit. also we've heard in other collection debt stories about how they call friends, family, ministers, bosses. all trying to push you to pay up the debt. to shame you. >> christine romans, thank you. a wife and mother of two caught on tape planning her

husband's murder. we showed you the outrageous video yesterday. this is a woman, tells an undercover cop it's better to kill her husband because a divorce will break his heart. what? the truly shocking thing is she's not the first by a long shot. john berman is here with more. amazing how often it happens. >> it is so amazing. i got to say, like you i was stunned when i first saw the video of julia merfeld planning her husband's murder. it's chilling and strange at the same time. as surprised at that, i think i'm more surprised that this type of thing goes on much, much more often than you might imagine. >> i'm just going to take him right on and shoot him in the face. >> all right. >> reporter: it's shocking to hear. but in this eerie hidden camera video 21-year-old julia merfeld plans a hit on her husband just as casually as planning a vacation. >> either the 18th of april or the 25th.

>> reporter: she thinks she has hired a hit man to take out her husband for insurance money. but actually she was commissioning an undercover detective for murder. >> there's an insurance payoff. taking a risk because the payoff is so great. >> reporter: the fbi says it's not as uncommon as you think. in january there were 140 cases not tied to organized crime pending. in this video that went viral newlywed dahlhlilia dippolito b into tears when announced that her husband was murdered. turns out he wasn't dead. she reportedly offered $6,000 to an undercover cop to have her husband murder. $50,000 and a harley-davidson motorcycle. and susan williams received a maximum sentence for trying to solicit this man, a former nypd detective in a murder for hire

plot. >> i'd love for this man to disappear. wink, wink, if you know what i mean. i said you're clear, you're asking to have this man take out? and she said, yeah. >> remember, you only kill the one you love. the most dangerous person, the most dangerous risk factor is to be married these days. >> that's a chilling thought. julia merfield pleaded guilty. the other three women, they were found guilty in each case. just in case you're wondering from an academic standpoint, purely academic here, unless you actually do something to put a murder plot into action, you have not committed a crime. >> so you're just recommending people -- >> i'm not recommending anything. from an academic standpoint, if you're studying this, you actually have to do something? >> i know what you're saying, berman, you're saying if you think about killing your spouse, you're okay? >> academically, not ethically. is there a conspiracy in this one? >> there's a conspiracy.

>> he thought it was hilarious. i was very upset milliuntil bern coming up on "new day" the rocket man grounded. sir elton john forced to postpone the european tour this summer. we'll tell you why. in miami, coca-cola is coming together with latino leaders to support hispanicize, and the adelante movement. teaching tools for success, and fostering creativity. these programs are empowering people to lead positive change, and helping them discover how great a little balance can feel. through initiatives like these, our goal is to inspire more than three million people to rediscover the joy of being active this summer. see the difference all of us can make, together.

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wednesday, raise a glass. welcome back to "new day." time for the pop four. >> just raise our glasses. >> there you go. >> i did not say what had to be in the glass. >> that's true. all right, guys, yeah, we have some good stuff in the pop four. our number four story. sweatpants, retro jordens. amanda bynes set a day for pretrial hear aings that she threw a bong out of her apartment window last may. >> i still don't know if it's illegal. >> well, but she lives on the -- >> what are you shaking your head for? >> 36th floor, it could hurt somebody. sir elton john has had to postpone his european tour. this is our number three story this morning. the icon will undergo surgery for appendicitis. he is set to return on the road

in september. get well soon, sir elton. number two this morning, country singer randy travis still in the hospital now undergoing a procedure to place a left ventricular assist device. according to cnn's medical team, this device is a place holder until a patient can undergoing go a heart transplant. travis' reps have not confirmed he is waiting a transplant. >> little good stuff to randy travis. our number one story this morning. meredith veira and jennifer mccarthy back at daytime. mccarthy on "the view." >> very tough job, they're all very incredibly talented, especially joy bahar.

not just a great journalist, but a great person. >> she's real, authentic. >> she is genuine, genuine, genuine. >> most importantly, not competing against us. >> there you go. >> line of the day. >> that's why that's the number one story this morning. >> that's right. good stuff. coming up on "new day" you know i love you, meredith. what went wrong on flight 214. that's what we're going through this morning. we're going through it because it matters. answers directly from the chairwoman of the ntsb. stay with us. (now arriving: city hospital) which is why we're proud to help connect our students with leading employers across the nation. (next stop: financial center)

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>> approach and landing is a critical phase of flight. everyone has to be at the top of their game. tossed from the plane. two flight attendants were ejected during the deadly crash of flight 214. did key equipment fail? day in court. the surviving boston bombing suspect makes his first public appearance today in a federal courtroom. what can we expect when he goes face-to-face with survivors. "new day" exclusive. the family of one of the kidnapped cleveland girls speaks out to us. the story behind their amazing video message. your "new day" continues right now. what you need to know. >> we're on a downward slope. what you just have to see. >> drew, look out!

>> that's awesome. this is "new day" with chris cuomo. kate bolduan and michaela pereira. >> it is wednesday, july 10th. 8:00 in the east. i'm kate bolduan. >> i'm chris cuomo joined with our news anchor michaela pereira. the george zimmerman trial expected to start up, again. two pieces of evidence that could turn this case. we'll break it down for you with criminal defense attorney. new court documents paint aaron hernandez, now, those document s paint him as the trigger man. that's only the beginning of the revelations coming out. we'll talk to drew rosenhaus about that and much, much more. take a look at this video. a real-life happy gilmore and he can't get the ball to go to the

right place. he has perfect aim. find out why he is in the running for the day. we also have new information this morning about the two men at the helm of the asiana flight that crashed. not only was the pilot still in training with only 35 hours of flying time on his belt on the 777 but the man training him he was making his first trip as an instructor on that flight. miguel marquez is in san francisco this morning with more. good morning, miguel. >> good morning, kate. a much better sense of how this crash took place and today from the ntsb we're expected to hear how that evacuation took place. but on the crash, investigators now saying it was the landing gear that hit that sea wall first. essentially, if that plane came in a few feet higher it may have stuck that landing. if it came in a few feet lower, this would have been a much more tragic story. three pilots were in the cockpit of the 350 ton jet when it

crashed in san francisco on saturday. the man in command of asiana's ill-fated flight was experienced on the 747. like this flight landing on the very runway of the san francisco crash, but this was his first time landing 777 here. >> the instructor pilot stated that they were slightly high when they passed 4,000 feet. >> reporter: the co-pilot very experienced flying a 777, but this was his first time as an instructor on the aircraft. investigators say the auto pilot was off, but the auto throttle, a device that regulates speed was on and set to 137 knots, but second before the crash, the plane had slowed dangerously to 103 knots. >> we're now going to be looking at flight data recorder information to validate parameters. things like the auto throttles. >> reporter: but there is a speed indicator in the plane and

also see bright red and white lights like these on the simulation lights. they are called precision approach path indicators. >> if i see all red, it means i'm too low. all white means i'm too high. >> at 200 feet he noticed the four were red. >> reporter: the impact so violent, ntsb investigators say two flight attendants were ejected from the plane after the tail section broke off. >> we found what i believe four people in the back in the rubble. >> reporter: today four passengers arriving today in san francisco, an eerie site, the burned out wreckage a sobering reminder of how close so many came to death. and now we now know that there was no blood taken from any of the pilots in the hours after that crash in order to check for alcohol or drug intake. authorities here saying that they have no authority, no

jurisdiction over foreign pilots. chris? >> miguel, thank you very much. a lot on the table from investigators. let's talk more about this with deborah. the chairwoman of the national transportation safety board, in charge of this investigation. very good to have you with us this morning. we know you have a lot of work to do. thanks for joining a. do me a favor and tell us what this new information means to you in the investigation. >> well, what we're providing is factual information about the work of our investigative team. they've really fanned out. theirer working on the airport, examining the aircraft and looking at records and conducting interviews with the flight crew, cabin crew and emergency responders. so, we're trying to create a more comprehensive picture of what happened that day. >> is there any type of guideline for how many hours you're supposed to have when you're being trained by a first-time trainer? anything like that that gives you insight? >> well, we're going to be looking at their training and we're going to be looking at not

just training in korea, but also training in the united states and seeing how those things compare. but what's important to understand is we've got three people in the cockpit. we have a crew that needs to work together. we want to make sure that they understand the automation in the aircraft and we want to make sure that we understand what's going on in the aircraft. for our investigators the flight data recorder is invaluable and great cooperation from the pilots in the interviews yesterday and the day before. >> your words, top of their game. the pilots need to be on the top of their game. how do you know if you are if you don't take their blood and you don't drug test? >> well, we are looking at that. in the u.s., we would expect that post-crash that safety sensitive positions pilots would be drug and alcohol tested. for u.s. carriers, that is the rule. the operator is required within a few hours of the crash to do

that didn't happen in this situation and we're looking at what the requirements are for foreign carriers operating into the united states. >> is this just about rules or any reason you think it's being withheld? >> i don't have any reason to believe that anything is being withheld. we've had great cooperation. i know that those pilots were involved in the evacuation and the rescue efforts. they stayed here at the airport for many hours after the accident. i think it's just a question of what the rules and what the policies and procedures and the expectations are. >> at this point in the investigation, is there any reason to believe this was more about the plane than it was about the people flying it? >> you know, at this point in the investigation, we are not reaching any conclusions. we're gathering factual information. we know a lot and what we need to do is correlate all that information. we need to put it together and see what it tells us. when we're here, we're really

here to gather the facts. we'll be conducting analysis and determining probable cause at a later point. but we want to get information out to the aviation community and to theival traing public while we're here. >> i know you take your job very seriously, we've worked together before. let me end on this with you. if the survivors believe this information is accurate, have you heard people being ejected out of a crash like this and surviving? >> well, i have to tell you, we see amazing things in the work that we do. we see the resiliency of humans in body and in spirit. and i think in this crash we've seen it again. we have a lot of people who are surviving very difficult conditions. our hearts go out to those families who lost their loved oned. this is a very, very difficult situation. >> deborah, thank you for your

time. >> thank you. >> kate? we are keeping a very close eye on tropical storm chantal as she is moving through the caribbean and could threaten the united states. chad myers is tracking the latest for us. what is the latest on this path? >> the hurricane center not very impressed and wondering if it's a tropical storm at all. we saw on that map, just the l means it is not a tropical storm, will not be a tropical storm at some point in its path. so much land in its way. cuba, haiti, dominican republic. an awful lot of rainfall across this area over the next 24 to 48 hours. continue to uv up towards the north and the northwest and if you continue that line, that's the u.s. not that this is going to be 0 100-mile-per-hour or 2 200-mile-per-hour giant storm. we don't think so because there is so much land in the way. florida up to the carolinas and what we're worried about this

area here has picked up between four and eight inches of rainfall in the past five days. let me prove it to you. i can take you back and show you what has gone on and the models here taking the rain right on up into georgia and the carolina area. the past five days, look at all this red. that is six inches or more around atlanta, birmingham, montgomery and all the way back it into the panhandle of florida. some spots have picked up 15 inches of rain in two weeks. that could cause more flooding. >> all right, chad, keep an eye on it, thank you so much. developments out of canada. authorities now launching a criminal investigation into the run away train explosion that nearly wiped out a small town there. at least 15 people were killed. nearly three dozen others still missing. cnn's paula newton is live in quebec with the latest. good morning. >> good morning, chris. that was quite a bomb shell yesterday by police saying they really enlarge aed the scope of this criminal investigation. they say everything is on the table now, including sabotage,

tampering, except for terrorism. that is the one thing they have been able to rule out. at issue here is the situation with the brakes. who had their hands on the brake system and what allowed this train to stay on the main track and go careening into the small town. what evidence police have, they say they do have evidence and they are a ways away from making any kind of arrest and they continue to say this is one of the largest investigations they ever mounted in this province and that they, themselves, want to make sure they go through what is a very difficult crime scene. you and imagine how difficult it is with the kind of temperatures they had and that kind of inferno. the fact that they asked firefighters to stop dousing the scone with water so they could preserve the integrity of that crime scene. >> thank you very much. the idea for that town to accept that not only do you have this terrible tragedy but that someone may have done it on purpose. >> the prime minister described the scene as a war zone. you see the pictures and it

looks just like that. terrible what they're dealing with. another story we're watching, surviving boston bombing suspect set to make his first public appearance today in a federal courtroom. the arraignment is happening this afternoon in boston where survivors of the april attack could come face-to-face with dzhokhar tsarnaev. very emotional day for many families, deborah. >> yes. absolutely no question about it. the victims and their families were notified of the arraignment. seats reserved inside the courtroom and here security incredibly tight because he'll be traveling here this afternoon. a number of seats have also been reserved for the bomb suspect's family, in the event they should come to see a 19-year-old accused of launching one of the most devastating attacks on u.s. soil. >> it has been more than 11 weeks since dzhokhar tsarnaev

was found hiding in this boat and bleeding profusely. his wounds will have largely healed, but those of the people he is accused of trying to kill is painful. some victim's families will be in court to watch 30 charges against him. >> they want to be there and they want to be close and it has such symbolic importance to these families to show that they continue to care for their loved ones and they stand up for them during the trial process. >> reporter: tsarnaev's lawyers aren't commenting and prosecutors decline to discuss a motive for the alleged attack, a note he inscribed in hiding suggests retribution. "i don't like killing innocent people. it is forbidden in islam, but stop killing our innocent people and we will stop." >> he's not acting under the act of guidance of his older brother. nobody is telling him to write these things and make these

scrawlings and i think that indicates intent. >> reporter: tsarnaev's older brother, tamerlan, but they believe dzhokhar was an equal partner. a magazine containing a recipe for pressure cooker bombs like those used in the attacks. he also carried one of those devices in a backpack that detonated south of the finish line, killing 8-year-old martin richard. kate, also killed in the blast, officer sean collier was killed during the manhunt. again, this is an arraignment. chances are that tsarnaev knows exactly what the charges are against him. he has been in touch with his lawyers and all he has to do is either enter a plea of guilty or not guilty, which would certainly be a bombshell.

just usually to go on record on how he views those charges. >> remembering the victims and the families of those who lost their lives, not just focusing on the person woo is going to be arraigned today. remembering those victims. >> absolutely. a lot of news developing at this hour. let's get over to michaela watching the situation in egypt. >> we are. making news right now. new developments in egypt this morning. the egyptian president says morsi. arrest warrants were issued today for the group's chairman and the vice chairman of its political wing. nsa leader edward snowden could be bound for venezuelan. not clear whether snowden plans to accept the offer or not or how he would get there. snowden's u.s. passport has been revoked. in northern california, they

are getting the upper hand on a wildfire. the blaze has burned more than 600 ache aers is 40% containment. the main road in the area u.s. 50 was closed monday and most of tuesday and reopened to traffic last night. 100 campers, most of them children, were evacuated from a camp ground in the fire's path. the owner of a leaking natural gas well in the gulf say it could be plugged some time today. the gas is flowing from a well that it was in the process of abandoning. about six barrels of oil also leaked. environmentalists are concerned it could be toxic to fish and other marine life. finally, why not this on a wednesday. baby elephants. they do the darnest things. this video posted earlier was taken at an elephant farm in thailand. how playful dumbo can be and it bears pointing out that as they get older it is not recommended because they get bigger. i want to get ahead of the store as you do in news.

cuomo felt there were previous beefs between the elephant and the young boy some sort of fantasy football thing. not true. so, cuomo, conspiracy, crushed. >> look at the joy they get out of doing this to me. >> he enjoys it, as well. >> come here. >> that's just great. >> why is it everything in small packages are so cute? i love you. >> please, continue. coming up next on "new day" the george zimmerman trial is nearing its end with explosive testimony. a judge will decide if jurors can see trayvon martin's text messages. and a "new day" exclusive. the grandmother of amanda berry reacting to that powerful video to the kidnapping survivors video. wait till you hear what she says about their recovery. probably the car.

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enjoy an unforgettable breakfast at an embassy suites, or lead a victory dance at a hampton. get great rates at our ten top hotel brands during the great getaway. book now at hiltongreatgetaways.com. welcome back to "new day" everybody. court back in session in less than an hour. the two sides argued late into the night tuesday over what could be key defense evidence. a computer reenactment of the night of the shooting and text

messages depicting trayvon martin as a fighter to help break down the defense's strategy tom mesereau joining us from san francisco. thank you very much for joining us, tom. appreciate it. >> thanks for having me, chris. >> okay, so. do you believe at this point that defense has done its job on spreading doubt on the prosecution's case? >> the defense has done an excellent job in this case. these defense lawyers are really outstanding. they're talented, they're experienced and have a lot of insight into human nature. a very good job from the very beginning and it continues. yesterday they put an expert on, dr. di maio, he was very effective. and the evidence very consistent with mr. zimmerman's statements, which is very important to the defense. they presented a reenactment,

state of the art technology and extremely persuasive and very vivid. i don't know if the judge will let it in the trial. she may allow them to use it as a prop, as a demonstrative piece in closing argument. but that is a key ruling today. if the judge says the defense can use that enact ament as substantive evidence in the case, they are really ahead. >> what do you think of the defense's strategy to put trayvon martin on trial bringing in evidence he had marijuana in his system. bringing in text messages if they're allowed to that shows he may have been a fighter and wanted a gun. you think that works for him or make it work like their story is too weak to stand on its own? >> i think putting the victim on trial can be very effective. and defense lawyers do it all the time. remember, zimmerman's trying to say, i am defending myself. he was the aggressor, i have no serious. i was in fear of serious bodily

injury. i had to pull a gun to defend myself. they have to go after the victim if they present that kind of defense. these text messages, while i'm not so sure they will get in because i don't think they can prove that trayvon sent them, very effective in helping to confirm zimmerman's account. i don't know what the judge will do with this because i don't think they can prove that trayvon sent them. people set up fake accounts all the time. i discovered a couple days ago somebody set up a fake twitter account in my name and i don't know if they can authenticate them under the law. if they can and they get in, it will help the defense a lot. >> what if the jurors see it as someone whose life was taken and the integrity of the george zimmerman story. >> good sometimes the risks work

and sometimes they back fire. if you put on a defense like this in a controversial high-profile trial like this, the best lawyers are willing to take risks to defend the life in their hands and this is a risk worth taking in my opinion. could it backfire, yes. nevertheless, the lawyers have done a great job. >> at this point when you look at everything offered up, do you believe the prosecutors can go to the jury and win on a second degree murder charge? >> i really don't. i think that is a bit of a stretch. however, if they try and prove second degree murder and then look at the jury and prove in their argument, however, ladies and gentlemen, if you don't think we proved these particular elements, you must consider a lesser charge like manslaughter or assault. i think it is a big victory for them if they get manslaughter or assault. manslaughter, as i understand it in florida, could bring a 30-year sentence. assault, if proved to be aggravated can also bring a

significant prison sentence, including decades in prison. i think they will give the jury the choice. but if they came out with a lesser-included offense, it will be a prosecution victory. in florida you have to persuade 6 jurors, not 12 like in california or most states. >> tom mesereau, thank you very much. interesting to see what will happen in the last few days of the trial. appreciate the perspective. >> thank you, chris. >> thanks so much. coming up next on "new day" they spent ten years living hell on earth. how can the women known as the cleveland three move on with their lives? our dr. sanjay gupta talks about healing those emotional wounds. new evidence against aaron hernandez. what one of his accused accomplices is now saying. "and one of the most efficient trucking networks,"

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it is wednesday, july 10th. i'm chris cuomo. >> i'm kate bolduan. we have a lot coming up,

including an exclusive interview with the grandmother of amanda berry and what she thinks of berry and what the other two kidnapping victims breaking their silence for the first time in that video. why police believe aaron hernandez fired the shots that killed lloyd and sharp when it comes to negotiate aing contract. . first, let's get over to michaela for the five things you need to know for your new day. >> can we add don't wrestle sharks. number one, the pilot of flight 214 was in training to fly a boeing 777 with a brand-new instructor and the cockpit crew says the aircraft auto throttle was not working correctly as that plane came in for a landing. arraignment day for dzhokhar tsarnaev. he will make his first public

appearance since the april attacks. the senate set to vote on a retroactive fix for student loan rates. congressional inaction caused student loan rates to double. as republican lawmakers meet to discuss immigration today, george w. bush will speak forda. number five, playwrites will be honored today at the white house. they will be awarded the national medal of arts and the national humanities medal. we're always updating our five things to know, so go to newdaycnn.com for the very latest. what an honor for them. what a great day. >> great day for them. you're always perfect in my eyes. support keeps pouring in for the cleveland three held decade in the house p.

pamela brown is here with the story for us. hey, again, pamela. >> good morning. >> we saw this video yesterday morning. amanda berry's grandmother hasn't seen the youtube video until we showed it to her and she was filled with pride as she watched her granddaughter break her silence to the world. >> it's special. >> reporter: amanda berry's grandmother sat down exclusively with cnn and watched this youtube video for the first time showing her granddaughter smiling and sending a powerful message. >> stronger each day. >> got to be strong. and i know she thanks everybody for everybody she does for her. >> reporter: she joins the flood of well wishers expressing support for berry, michelle knight and gina dejesus. breaking their silence for the first time since breaking captivity two months ago. >> i thought amanda was gone but when i saw her walk through that

door and she said, it's me. i'm alive. that is the most important thing i ever heard in my life. >> reporter: until now, these missing person images were how the world knew them and now this. >> i will not let the situation define who i am. i will define the situation. >> reporter: young women in their 20s empowered and taking a stand. >> the girls are incredibly grateful for everything that everyone has been doing for them. they had the courage to go on and put on a video and really tells you something about their resilience and character. >> reporter: chris kelly runs the women's courage fund at more than $1 million from nearly 10,000 donors. this was the idea that they came up with. that video to be distributed with everyone would be the appropriate way of saying thank you. >> thank you for support. >> reporter: dwgentry says she hopes it will serve as a reminder not to give up on

missing children. >> a lot more children that are gone and missing and just have hope. >> she told me through a family friend they're happy that the world now knows what their daughter looks like and she's beautiful and continues to pull herself together. now, the young women won't do any more interviews until the case involving their alleged captor is over and as you noticed, they did not say his name at all through the entire video. >> pamela, thanks so much for bringing us that story. i want to discuss this more with dr. sanjay gupta. great to see you. so, when you look at that. they look so good in that video. that's one thing that struck many of us, but you also remember the trauma that they have suffered for such an extended period of time. any way to even measure the amount of trauma that they're going to have to recover from. >> i think it's very hard and init's interesting, so little data on this thing. not a lot of cases like this to study. but, first of all, so much of the attention is on recovering

people who missing rather than helping them recover afterwards. most time the data looks at family members or someone that they knew who actually abducted them as opposed to a total stranger here. so, it's very hard to say what the recovery is going to be like. you know, for example, one of the largest studies in which people are only abducted for three months compared to ten years, a quarter of them dedevelop significant problem with drug use. 40% had diagnosis ptsd. i was surprised the number wasn't higher, actually. totally different scenario here. the organization called take root. one of the few organizations in the country. everyone is going to be so different here. >> the perspective from the family. getting reacquainted with family and friends for two months. from the family's perspective. i'm sure this is unchartered

territory, as well. must be difficult to pick up where you left off so long ago. >> one of the significant things told to me which is important, remember, the people who are now recovering may feel guilty that they aren't recovering fast enough. so, if the sense from the family is, look, you're safe now. it's over. that could actually be more harmful in some ways to these people who are recovering in this case, these three women. also, there is a time lapse here. literally ten years are gone. technology that wasn't there from ten years ago. so, it's a totally different world. described to me as literally taking your world and turning it inside out. you can't even imagine what that would be like. >> what about the age as were when they were abducted. two of the girls were teens when they were abducted. does that affect their ability to recover? >> as doctors we say kids that are more resilient at these

things. >> surprising to some people, that kids are more resilient. >> if its are a physical disease, their youth and not feeling as targeted or vulnerable. but, here, again, very difficult to say because the period of abduction was so long. what i think is important is that they may be stunted in terms of their emotional development. they may have literally stopped developing, maturing at that point in time and now ten years later all of a sudden they're asked to pick up, again. so, generally, i would say that younger people are more resilient, but in this case, may have the opposite effect. >> as you said, no data. this hopefully doesn't happen very often for people to be able to measure. >> that is the silver lining, if there is one here. >> doctor, thank you so much. just time, time, time is the obvious thing to say. the more time they have to recover, the better. >> attention by us. please, stay with us sanjay,

pamela. it is time for "good stuff" and they're both good people and they need to be here. in today's edition they call it puppy live. both blind and both enrolled in a training course for guide dogs along with a number of other students and their dogs. that was all the two had in common until, wait for it, listen to this. >> every time so she pulled towards him and he pulled towards her and they knew something that we didn't. >> the dogs were drawn to each other. one thing led to each other and small talk lend to a lunch, became lunches and the lunches kept getting longer. not between the dogs. the two of the people and then guess what happened. take a listen. >> so, we went in february, and into february we got engaged. >> the rest is history.

>> i love that. >> the wedding is in march. the dog still inseparable and guess who are going to be the ring bearers. venice and rod. >> those are good names. >> those are two other people who aren't in the story. >> i love this story. >> the rest is history. >> i'll tell you what, those dogs, anyone who has been around them, they seem to feel and know and what a beautiful thing, literally a marriage made by their best friends. it is good stuff and warms your heart. lets you know there is a lot of good out there. your lives that is the good stuff, as well. you can tweet us and go to facebook and use the ##newday. a restaurant owner in new mexico is breaking barriers and challenging stereotypes of what disabled people can do. our dr. sanjay gupta sitting

right here has that in this week's human factor. >> breakfast, lunch and hugs. >> the hugs are free, no charge at all. >> that's what's on the menu at tim's place restaurant in albuquerque. this is tim harris. he's the owner and he has down syndrome. >> i have the ability to make fountains of friends, it feels awesome. >> reporter: the atmosphere for customers is equally as awesome. walk in the door, get a hug. only if you want one, of course. serve that up with a side of green chili cheese grits. you have a recipe for the world's famous restaurant. tim's dad wasn't so sure about the idea. >> we realized it might be a great, great way for tim to have an independent life. >> reporter: the best part for dad is sitting back and watching the show. >> our world, our society, i

think, in many ways has become so sterile that a restaurant experience is a transaction and here it's an experience. >> reporter: as for tim, his favorite part is the hugs. >> i'm almost at 40,000 hugs. >> that's fabulous, sanjay. >> he calls it tim's place and he started doing this and just giving the hug. he calls it now the happiest restaurant on earth and it's amazing. this perception of what people with down syndrome are capable of and then you watch tim. >> great joy is what they're capable of. >> lots of joy. >> breaking down barriers and people are coming to the rest rau raunt and going to get their food. >> here the power of this kid's hug -- >> michaela pereira gives a mean hug. >> are you ready? wait for it. >> not getting it today from her.

>> we must plug. don't forget to tune in to "sanjay gupta md" airs weekends here on cnn. saturday 4:30 eastern. don't want to miss that. >> good thing the doctor is here. could help with the beating you guys gave me before. treat my wounds. coming up on "new day" going through things that warm your heart to things that make you shake your head. incriminating new evidence in the aaron hernandez case. what police found on surveillance cameras in his home. when it comes to obesity, americans are no longer number one on that list. we'll tell you what country took over that title. one we're happy to give up. mom, dad told me that cheerios is good for your heart, is that true? says here that cheerios has whole grain oats that can help remove some cholesterol, and that's heart healthy. ♪

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axiron. the guy with the video camera is always laughing at -- watch this. not this time. he isn't laughing at that guy. >> that's going to leave a mark

welcome back, everyone. a big development in the murder case against former nfl star aaron hernandez. carlos ortiz, he tells florida authorities that it was hernandez who shot odin lloyd according to newly released court documents. susan candiotti is live. this is a big development. >> it sure is, kate. good morning to you. so far, as you said, police have side stepped exactly who pulled the trigger the night odin lloyd was killed. firing five shots, shooting him

execution style. but as you said, according to these newly released documents, now a man who is there is fingering aaron hernandez as the only shooter. in a blockbuster revelation, police tell cnn carlos ortiz says earnest wallace, also in the car the night of odin lloyd's murder, said aaron hernandez admitted shooting lloyd. until now. add aing the defendant and his confederates stood over him and delivered the fatal shots. hernandez has pleaded not guilty. for now wallace is charged with accessory to murder after the fact. ortiz is being held without bail on a weapon's charge. there were even more eye popping disclosures tuesday. more than 150 pages of search warrant material unsealed after media organizations fought for their release. example. detectives were met with a

strange reaction from the former star tight end after discovering odin lloyd's body. mr. hernandez became argumentive the documents read and asked, what's with all the questions? officers told him it was a death investigation and, "mr. hernandez slammed the door." for the first time, we're also seeing images of hernandez inside his home the night of the murder, along with two other men later identified as wallace and ortiz. until now, hernandez has not been charged with a crime but skirted on the edge of trouble while attending the university of florida. in 2007, his then roommate tim tebow broke up a fight after hernandez punched a bar bouncer. the football star, according to "boston globe" admitted using marijuana and failing a drug test. now that hernandez has been charged with murder, patriots' owner robert kraft would only say if it's true, i'm just shocked. our whole organization has been

duped. as for the new england patriots, a team spokesman tells me that from here on out, owner robert kraft will have nothing nor to say about aaron hernandez because he has been released from the team. that's it. now, as for the attorneys representing aaron hernandez and the other two men being held without bail, they have not returned our calls when we try to find out more about the latest allegations about who pulled the trigger that night. chris? >> susan, thank you very much. very interesting what you said about the patriots' owner there. let's bring in super agent drew rosenhaus. you have to love having the title super agent. could be worse titles to have. >> i didn't coin the phrase, you know, so, if you guys want to use it, that's fine. >> says right here -- no, it doesn't. let me ask you about aaron hernandez. did you have any dealings with

him and any impressions about him before this? >> no. i've only met him once or twice casually and my impressions at the time were positive. i've seen him over the years. we represent a number of new england patriots and a lot of the guys at florida that play with aaron hernandez and every player that you talk to really liked aaron hernandez and had nothing but good things to say about him and every one that knows aaron hernandez is shocked, really shocked. >> let's play on the idea of them being shocked. he had some issues in his past. people passed on him during the draft, allegedly, because of what they believed he might bring along with him in terms of his football skills. what is the chance that the patriots weren't aware of what other teams knew? >> well, twl ahere are, there a dozens of players every year that go into the draft that have

off-the-field backage wheth aba its, there are dozens of players. if you draft them you're potentially dealing with a player that is charged with a horrible crime. so, these football players are human beings and teams when they evaluate guys they know they're drafting human beings who aren't hurfe perfect, but no one ever dreams it's not fathomable that you'll draft a guy that is involved in this type of case. >> understood. but, you know, when you talk about not perfect versus 27 arrests just since the new year, it seems like the league has a number of people in there who could wind up being a risk. >> oh, i don't think so. you know, there are about 2,000 active nfl players in any given

off season. you have less than 1% of those guys who run afoul of the law. the percentage of nfl players who get in trouble is very small. the huge overwhelming majority of nfl players are outstanding citizens and represent the league in a very positive light both on and off the field. this is a very rare and one other player that is dealt with and a charge like this in the last 25 years or so. it's a shocking development, but a very rare one. and certainly the exception. >> you know, when people hear many of them don't get in trouble, drew. they think not many people have all this money and all these people supporting them. i take your point, a lot of good examples, as well. let me ask you about something is almost more interesting. almost more intriguing than what is going on in the nfl.

you are fishing a shark is caught and you jump in the water. we're playing the video right now. drew rosenhaus. tell me, sir, what the heck was going through your mind when you made this decision? >> yeah, it wasn't premeditated. my father robert rosenhaus and my brother we were on a fishing boat and we hooked a six-foot lemon shark. they pulled him up to the boat and i decided to dive in and get close to the animal and one thing led to another and my fascination with sharks and i did grab the shark and tried to hold him and i love sharks and didn't want to hurt the shark. the shark broke the line and swam away after our encounter. he was perfectly fine and it was nothing but good natured fun. it was just instinctive. i jumped in and i wanted to get close to the shark.

one thing led to another and started holding him, handling him, wrestling him, if you will. and i'm just glad that nothing bad happened. my brother and my father were right there. i was fairly confident that they wouldn't let anything bad happen to me either. >> yeah, there's a lot you can do when a guy is in the water with the shark. drew rosenhaus, glad you're okay. we need you around, drew. stop playing with sharks. >> okay. >> great to have you on. appreciate the perspective. >> they are beautiful creatures, though. all right, coming up next on "new day." the award of the day award of the day award.

you hear the music and feel the sensation to know he is near. john berman with his new day award of the day award. >> i want to start with encore performance, really. this is the golfer who has very bad aim with a golf ball but phenomenal aim with a golf club. that is just ridiculous. we hope the cameraman is okay and we trust he is there. for our winner today, not this. a milestone and according to report from united nations the u.s. is no longer the fattest nation on earth, mexico is. 32.8% of mexicans are overweight compared to 31.8% of americans. now, i do not know if many would lement the number two ranking. there are other areas where the u.s. is not preeminent. when it comes to countries that

drink the most gin, the u.s. in second there, too. the philippines in the first place. >> gin only. >> embarrassing ninth place when it comes to exports of mushrooms. but before you feel too badly, you were talking about sharks before, the u.s. still leads the world in number of shark attacks. >> because of people like rosenha a rosenhaus jumping in the water with them. chris, you like to talk about achievement in the u.s. our award today is the mex-can. which is deposited in your fidelity account. is that it? actually... there's no annual fee and no limits on rewards. and with the fidelity cash management account debit card, you get reimbursed for all atm fees.

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